Dan Fitts

Partner, Melbourne

+61 3 9286 6904
Dan Fitts

Victorian Desalination Plant project: Leader of team who advised the AquaSure consortium (comprising Macquarie, Thiess, Degremont and Suez Environnement) who were successfully appointed by the Victorian Government to design, build and operate a $5.7billion desalination plant in Victoria. Dan advised on all aspects of the successful consortium bid, and is now providing advice on contract administration issues during the construction phase.

Singapore Power: Lead partner to the syndicate of over 25 banks on the $3.4 billion financing of Singapore Power's Australian operations.

Macquarie Capital - Regis Aged Care: Advised Australia and New Zealand Banking Group Limited as arranger and agent in relation to the $505 million financing of the group formed by the merger of the Retirement Care Australia and Regis aged care businesses.

Victorian Toll Roads: Clayton Utz is the legal adviser to the Victorian government in relation to the $2.2 billion Melbourne City Link Project and the $3.5 billion EastLink Project. Dan's role involves the ongoing provision of general legal advice to the government authorities overseeing the BOOT projects, including in relation to contract management and contractor disputes. Most recently, Dan was the lead partner advising the State on the $1.4 billion Monash-City Link-West Gate upgrade.

Peninsula Link: Core team member advising the Victorian Government (Linking Melbourne Authority) on the $759 million PPP toll road project. This 27 km road, linking the Frankston and Mornington Peninsula Freeways, will be the first Australian road project to be delivered using an availability style payment structure. Dan's role focused on reviewing the finance and security aspects of the project documentation, and in particular all matters relating to the "GFC provisions" (market disruption, refinancing gain/loss sharing, and swap break costs).

New Royal Adelaide Hospital Project: Member of the team advising the South Australian Crown Solicitor's Office in relation to the private financing, construction and maintenance of the New Royal Adelaide Hospital. Dan's role has included reviewing and advising in relation to the financing and security arrangements.

Royal Children's Hospital Redevelopment Project: Member of the team advising the Victorian government in relation to the private financing, construction and maintenance of the new Royal Children's Hospital Redevelopment Project. Dan's role included reviewing and advising in relation to the financing and security arrangements, as well as detailed negotiations with the project proponent on termination payments, quarterly service payments and other financial aspects of the project documents.

Sunshine Coast University Hospital: Currently advising a shortlisted consortium on all aspects of its bid to design, build, operate and maintain the $2.03 billion Sunshine Coast University Hospital.

Abbot Point Coal Terminal: Acted for a syndicate of financiers in relation to the proposed senior secured debt facilities to be provided to a consortium to finance its bid for the 99-year lease to operate the Abbot Point Coal Terminal. The consortium bid was part of a competitive tender process and involved tight timeframes and complicated finance structuring. The asset was being sold in the midst of a major expansion project which complicated the basis on which it was to be financed. Dan is currently advising the bank group on a refinancing of the initial acquisition facilities.

Mundaring Water Treatment Project: Dan has been a part of the team advising the DBOM Joint Venture on its successful bid to design, build and operate the Western Australian-based facility, which will be developed as a PPP project. His role has been focusing on finance and security aspects, including relevant consent deeds with financiers.

Swinburne University Redevelopment: Primary legal adviser to NM Rothschild & Sons (Australia) Limited as project sponsor and financier in relation to the $100 million development of two mixed use commercial and student accommodation buildings on Swinburne's Hawthorn Campus. Dan co-ordinated and advised on all aspects of the transaction including the project, leasing, financing and operational documentation.

Nepal Independent Power Project: Dan is lead adviser to the sponsor of a major BOOT hydro-electric power project in Nepal. When complete, the $1.2 billion project will generate and export of large quantities of electricity to neighbouring Indian states. Dan's role has included the drafting of the State Project Agreement, Power Purchase Agreement and EPC Construction Contract, including negotiations in Kathmandu, Delhi and Beijing with relevant project counterparties.

Myer Bourke St Property Acquisition: Advised National Australia Bank Limited (NAB) as financier in relation to the acquisition by Newbridge of the Myer business and the Myer Bourke St property. Dan was lead adviser to NAB as senior debt provider in relation to the acquisition of the flagship Bourke St property.

AXA Headquarters Project: Lead adviser to NAB on the AXA Headquarters project being developed by Grocon in the Docklands precinct. Dan oversaw all aspects of the debt financing of this matter, as well as structuring an innovative equity guarantee facility provided by the bank during the construction phase.

Basslink: Advised the Hydro-Electric Corporation in relation to the $850 million Basslink project. Dan's role included negotiating the commercial arrangements between the Hydro-Electric Corporation and the project developer, Basslink Pty Ltd, as well as co-ordinating and advising on all aspects of project delivery and financing arrangements.

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